JYOTI PARKASH Vs. GENERAL MANAGER HARYANA ROADWAYS, SIRSA

JUDGEMENT

(1.) The present appeal has been filed by appellant-Jyoti Parkash, who filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (here-in-after referred to as 'the Act, 1988) and sought compensation on account of the death of his younger brother Munish Kumar. The second claim petition under Sec. 166 of the Act, 1988 was filed by Janak Raj, who also sought compensation for the damage caused to his motorcycle in the accident. Both the claim petitions had arisen out of the same accident and both were decided by same award dated 15.10.2012 passed by Motor Accident Claims Tribunal, Sirsa.

(2.) Briefly, the facts of the case are that FIR relating to the accident was registered on the basis of statement of Pardeep Kumar, who was neighbour of deceased Munish Kumar. It was alleged in the complaint that on 209.2009 at about 10 a.m., Pardeep Kumar was on his way back to his business premises after seeing his friend, namely, Gobind at Rania Octroi Post, Sirsa. When he reached near Ashoka Dharm Kanta near Rania Road, he saw Munish Kumar on his motorcycle. Meanwhile, the offending bus No.HR-57-1373 came from behind, which was being driven in a rash and negligent manner, struck the motorcycle, being driven by Munish Kumar and ran over it due to which the motorcycle and its occupants were dragged upto a long distance. Due to accident, the left leg of Munish Kumar was crushed and he sustained multiple grievous injuries. However, the driver of the bus ran away from the spot along with bus after the accident. Thereafter, Pardeep Kumar shifted Munish Kumar to General Hospital, Sirsa from where he was referred to higher centre for better treatment. Jai Parkash brother of Munish Kumar took him to Rohtak and then to Delhi but Munish Kumar died on the way. FIR No.585 dated 209.2009 was registered under Sections 279, 338, 427 and 304-A Penal Code at Police Station City, Sirsa, against Mani Ram, who is facing trial. Munish Kumar was 29 years of age and was working as a Muneem with M/s Jain Trading Company at Anaj Mandi, Sirsa, was earning Rs. 9,000.00 per month. An amount of Rs. 3,000.00 was spent on transportation. However, total amount of Rs. 6 lacs along with interest was claimed in the claim petition which was contested by the owner, driver and Insurance Company by way of filing separate written statements.

(3.) The claim petition filed by Jyoti Parkash was dismissed but the claim petition filed by Janak Raj was allowed by awarding a sum of Rs. 27,800.00 as compensation for the damage caused to his motorcycle along with interest @ 7.5% per annum from the date of filing of claim petition till realization.